The Timely Departure Act would require most nonimmigrant aliens seeking admission to the United States to post a bond or cash payment ranging from $5,000 to $50,000. The purpose is to ensure that these aliens depart the U.S. before their authorized stay expires. If they fail to depart by midnight Pacific Time on the expiry date, the bond or cash payment is automatically forfeited with no opportunity for appeal, and the funds are deposited into a new immigration enforcement account to fund detention facilities and the transportation of aliens ordered removed. In addition, a person whose bond is forfeited would be promptly removed and become ineligible for any lawful immigration status or status adjustments for a period of 4 to 12 years. The bill also tightens rules on asylum and withholding of removal: if a nonimmigrant intends to seek asylum but has not filed an asylum application by the expiry date, they would be ineligible to file such an application afterward. Some categories are exempt from the bond requirement, such as certain visa categories and nationals from visa waiver programs. The act sets strict limits on how regulations can be issued and would take effect 30 days after enactment.
Key Points
- 1Bond requirement for nonimmigrant admissions: aliens must post a bond or cash payment of at least $5,000 up to $50,000 to help ensure departure before their authorized stay ends; certain categories are exempt.
- 2Automatic forfeiture and use of funds: if the alien fails to depart by the deadline, the bond is forfeited without appeal, and the money goes into an “Immigration Detention and Enforcement Account” to fund detention facilities and international transport for those ordered removed.
- 3Removal and long-term ineligibility: forfeiture triggers prompt removal and a period of ineligibility for any lawful immigration status or adjustment of status, lasting 4 to 12 years.
- 4Asylum/withholding of removal restrictions: aliens who intend to seek asylum or withholding must file those applications before their stay expires; if they fail to depart and have not filed, they cannot file later.
- 5Regulatory framework and enforceability: DHS may issue rules only on bond collection/retention, departure notifications to the Attorney General, and preventing circumvention; the department cannot waive any part of these requirements.
- 6Effective date: the act would take effect 30 days after enactment.